Re: Is there such a thing as a post-nuptial agreement

Yes. You stated that your parents want to gift some property to you without your husband having a claim. There are a number of ways this can be accomplished, but the best thing to know is that in Texas anything that you receive by gift or inheritance is automatically your separate property as long as you don't intermingle it with community property. If your parents give you real estate as a gift, then the judge cannot take it away from you in a divorce property division unless you do something to make a gift of that property to your husband. Be sure not to use your income, which is community property, to make house payments or renovations to the home, or he may have a claim against the house. If you are in the process of getting divorced, the court will also honor a nonrevocable written agreement between spouses. Otherwise, a post-nuptial agreement is possible, but will require that each of the spouses have separate attorneys and that some payment be given to support the agreement. Your parents might want to consider using a trust as a means of conveyance in some cases. It would be wise to consult with an attorney about your complete financial picture if you are contemplating divorce in the near future, because although the judge cannot give your separate property to your husband, he might make an unequal division of community property because of your separate property. An attorney can better advise you on your parents' gift if the attorney knows all the details of your particular situation and the reasoning behind the gift.